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Selvam (Others)     12 May 2012

Mentally ill

A lady who is not speaking to other sons while staying nextdoor for no reason; a lady set one son againt another by inviting police to favour one son with whom she stays; al dy seems to be afraid of one son with whom she stays as he instructed her that if she leaves him and goes to other sons, she shall not come back to him for any help; Alleged that she has not been allowed to talk to other sons and daughter. The situation is that property is going to be divided and she would be getting one-third as her share and the rest shall be divided among other legal heirs such as sons and daughters. Till recently she gave in writing to a Legal Notice that she cannot find any fault either with any sons and daughters and they all treated me eaqually well and there is nothing to glorify or to find fault with any one of them. After one monthe the above stated behaviour of the lady seems mystery. the lady who always has had soft corner for a son who is economically week now she turned against him and went to the extent of calling police if any resistance from this poor son aginst another sone with whom she stays now. Is she mentally ill or she is being coerced or threatened, we all sons and daughters could not make out under the prevailing situation of sharing the property. please advise as to how to stop playing trick of murky son with whomm the mother stays or she is somewhat mentally ill or something. Poeple are crazy when money matters. Every son and and dughter has the responsibility to look after the aged mother and aged mother should not favour one son at last movement by fooling other children who are ery cencerned about her for the lqast 25 years.



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 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     12 May 2012

Dear Selvam,

Its beyond any doubt that she has been coerced by the son with whom she is staying,with an ulterior motive of grabbing her share of the property.Is the property self owned by their father or ancestral? If it was self owned by their father,has he divided the property when he was alive or has he executed any will? As you have mentioned that she will acquire 1/3rd share.

Selvam (Others)     13 May 2012

Dear Sir /Madam, It is true the property os self-acquired by the father and he died intestate. Under this situation what shall be done who is somewhat fooling or blockmailing the mother, there is some thing wrong with the mother otherwise she shall be behaving so?

Thank you

SAINATH DEVALLA (LEGAL CONSULTANT)     13 May 2012

As per section 8 of the HSA 1956,the mother and the sons or daughters are the legal heirs to the father's property.All of them including the mother will get equal shares.The only botheration for the others is the share of the mother,which would be in the hands of the brother with whom she is staying.When the mother heself is supporting her son,either intentionally or due to pressure,nothing legally can be done.

Selvam (Others)     13 May 2012

Dear Sir,

What you have given is the right thing. My proposal is that the same son with whom she has been staying instructed through a common friend, while he is in abroad now,other brothers not to talk to her. Earlier the mother has been on routine for 15 days used stay with each son which she stopped. Under this situation whether she can be called through legal notice to be summoned to the court to give explanation as to why she has been behaving so and the reason for it or she may be asked in writing. Let her give her free will of interest to be with the particular son because interaction among other sons and daughters is nill. Moreover, the mother fradulently getting monthly aid from the governement showing that no children are capable of looking after her and there is no income while the prop[erty is worth of corors of rupees, aexecpt one son who is economically week rest are earning handsome salary. The daughter who is away from mother's home used to send money whenever the mother was with the son who is economically week. This fradualent act was exposed when the mother eas brought after she met with an accident and she lived for more than two months and the mother was desperated to go home to get aid money and if she failed further contiunation of money shall be stopped from govermentment. Even that money has been swindled by the son with whom now she stays.

If any thing could be make out pl. guide us.

Yours,

Sincerely.

SAINATH DEVALLA (LEGAL CONSULTANT)     13 May 2012

Dear Selvam,

This is absolutely a family issue,why do you want to make it a legal issue.What I feel is,you are just bothered about her 1/3rd share of the property.Let her stay whereever she wants,either intentionally or under the influence of your brother.


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